Marriage with a B-1 Visa

[Art and Music 0]

I am new here. I am a natural born US citizen.

 

I would like peoples' advice on our plans.

 

I met the woman with whom I would fall in love with nearly three years while she was visiting the US. She travels on a B-1 visa. We kept in touch and last year I visited her in China in May and then in October, we met each other in Hawaii, where we fell in love. She came to visit this past winter and I proposed and she acceppted. It was an open ended engagement and we wanted me to meet her parents first. We made plans for her to spend the summer here and then together we would go back to China, where I would meet her parents and set a wedding date for a 2018 in China. I bought her plane ticket here, as well as a round trip ticket for me and her return trip so that together we could travel back to China. Those tickets are still valid.

 

When she came to visit this summer (B-2 visa) the customs agent asked many intimidating questions about why she comes to the US so often and stays so long. She had a 13-day trip (Hawaii) last year, a three-month trip this past winter and recently, in June, has arrived on another three-month trip. The immigration man also made a statement to the effect of “I guess this will be your last trip to the US.”

 

Feeling afraid that she may be denied her next entry, we weighed our options. The one which we believe is the best is to get married and file for an I-130 and 485 papers.

I see the warning about people coming here with the intent of marriage. While we were engaged, we had no plans to marry during this trip. In fact, as I said, she has a return ticket and I have a round trip ticket for mid-September and we haven’t cancelled them yet.

 

We would like to plan an October 1 wedding and file the papers shortly thereafter.

 

Will she be able to stay in the US under her visa until 12/17.

 

Do you see any pitfalls?

Edited August 11, 2017 by Art and Music
needed to add my status

[Transborderwife 4,666]

She's here, marry stay and adjust 

[RandyW 149]

You may get married anywhere and at anytime you wish without committing ANY kind of fraud. The B1/2 visa is good and she may stay until the date on the I-94.

 

Where the potential for being ACCUSED of fraud comes in is if you decide to file the I-130 AND the I-485 in order to allow her to stay past the I-94 date (12/17). Yes, it's possible to win your case in court and/or even LOSE but still get a court-ordered adjustment of status. Another possibility is that she might be facing a 10 year bar on admission. Talk to a good immigrations lawyer in your area if you wish to pursue this option.

 

From a legal point of view, the SIMPLEST option is to get married and file ONLY the I-130 WITHOUT an I-485. Have her return before her I-94 expires to wait out processing of the I-130.